The other day while minding my own business at my desk I overheard a fascinating conversation. One of the leaders in our organization was looking to utilize a highly recognizable trademarked and copyright protected image and logo. I could hear the uncertainty in his voice as he was curious to the proper use of the photo. He was asking another department head regarding his experience in use of this material. I heard more uncertainty in both of the parties discussion, one was a coordinator for programming and the other is a web designer, marketer. Of the two, I would have thought they would have erred on the side of caution when wanting to use this image for a blog post. Their decision was anything if not scary; they opted to use the photo because they indicated our organization was “too small to be considered for a lawsuit.” Suddenly my adrenaline was pumping with anxiety at their lack of caution to the proper use of images, photos and pictures in blog posts, public material and advertising.
Google images has made seeking out photo’s one of the easiest tools we can use today. Google, no less, has replaced encyclopedia’s, basic knowledge and higher learning. However, the evolution of Google and the easy access to various images posted on the web does not give anyone and everyone carte blanche to utilize photos so readily and easily for Facebook posts, blog posts and other media shares. These photos belong to someone, some company and or organization that owns the intellectual rights.
Imagine if someone hacked your hard-drive or decided to help themselves to your Facebook photos, took those photos and shared them as marketing material to make money. Imagine your fury that someone took your family photos and used them as a black and white still for a picture frame cover in a large box store. All the while, you are not reaping the rewards for rights to the photo. You would consider this theft.
Even though large corporations, organizations and conglomerations exist to have an endless supply of money, resources and they might never miss the photo, the principle of the fact remains that improper use could be considered theft. Even if you think your blog is small, unnoticed and imaginary in the sea of sites, blogs and landing pages in the world, someone, somewhere might notice. Are you willing to risk being sued for improper use and attribution for a photo?
- Did you create the graphic and or take the photo?
If you did, then make sure that you protect your works and credits. Slap on a copyright for your works. The process is far from difficult and most photo services when you upload your works (like Google Picasa, Flickr, etc) have an attribution option where you can add notations such as a copyright. Photo editing software such as PhotoShop and GIMP also offer watermark options where you can place your copyright. While this is not a guaranteed protection, this does ensure you did your due diligence to protect your works, especially when you register them as such.
- Is the photo copyright protected? Is the photo public domain? Is the photo protected under attribution license?
While this is a lot to take in, the larger photo sites (Flickr, Picasa, Wikimedia Commons) fully detail and explain the differences in all these types of available photos. As mentioned in my scenario above, my co-workers were looking to use a Marvel Avengers logo. This was a huge NO NO without proper consent, permission and attribution. I sent them an email and advised them that in order to use the logo and trademark of Marvel Comics for the logo they would need to contact the organization to ask for use, credit and attribute the photo that they have permission from Marvel for use. By not doing so creates the opportunity for unnecessary risks and lawsuits that could have been avoided if handled properly.
- Do you need to use a specific photo or can you get your message across with a free domain photo?
Sometimes we purely want to use the photo because of aesthetics, but really we can say the same thing or put across the same message with a photo that requires no attribution. If you have the funds in your budget to purchase a photo, do so and be sure you use the same attribution and crediting process as outlined in the purchase agreement. Purchasing photos from organizations like ShutterStock allow you use of royalty free photos that reduce your risk by just taking photos directly from Google images. Right click and save through Google images can open a can of worms for lawsuits and DMCA notices. Know what the symbols means with each photo, see where the photo originated and who owns the rights if any.
Images are a great way to portray our image, our brand and to tell a story. We all want that advantage when marketing ourselves, our brand, our blog. We take great pride in the effort and work we put into the fruits of our labor; all artists feel this way and should be respected as such. When putting forth that effort take the extra time to do the job right. Protect your investment and your asset. Protect your images, your blog and your reputation. Respect the rights of others who also share in the same endeavor.
Next time you are thinking of using a photo and one you fell in love with on Google images, think about the artist and owner of that image and or work. Think about the proper use of their image and if you have the right to reproduce that work even if you think your blog is only a speck in the pixelated world of the internet. Do your research, be respectful, and understand how using photos can greatly impact your reputational risk and or infringe on someone’s intellectual rights as an artist.
*Written by Karie Herring, Owner and Author of The Five Fish.